What is an examiner’s amendment in patent application allowance?
An examiner’s amendment is a tool used during the patent application allowance process to make necessary changes to the application. According to MPEP 1302.04: “Where it is necessary to amend the application in order to place it in condition for allowance, the examiner may make amendments authorized by the applicant(s) by telephone or fax transmission…
Read MoreWhen can an examiner cancel non-elected claims in a patent application?
An examiner can cancel non-elected claims in a patent application under specific circumstances, as outlined in MPEP 821.02: When applicant has not retained the right to petition the restriction requirement and the application is otherwise ready for allowance, the claims to the nonelected invention, except for claims directed to nonelected species and nonelected inventions eligible…
Read MoreCan a previously paid issue fee be applied to a new Notice of Allowance?
Yes, a previously paid issue fee can be applied to a new Notice of Allowance under certain circumstances. According to MPEP 1308.01: “If allowed, upon receipt of a new Notice of Allowance, applicant may request that the previously submitted issue fee be applied (the Notice of Allowance will reflect an issue fee amount that is…
Read MoreIs there a deadline for filing supplemental oaths or declarations after allowance?
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states: “Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.” This suggests that applicants have the right to file these documents at any time after allowance.…
Read MoreHow are supplemental oaths or declarations processed after allowance?
When supplemental oaths or declarations are received after allowance, they are processed as follows: They are placed in the file by the Office of Data Management. Their receipt is not acknowledged to the party filing them. They are not filed or considered as amendments under 37 CFR 1.312. The MPEP clarifies: “When received they will…
Read MoreWhat is the purpose of filing a supplemental oath or declaration after allowance?
The purpose of filing a supplemental oath or declaration after allowance is to cover the claims in the application as they stand at the time of allowance. While the MPEP section 603.01 doesn’t explicitly state the purpose, it implies that these documents are filed to ensure that all claims are properly supported by an oath…
Read MoreWhat is the applicant’s responsibility when submitting replacement drawings after allowance?
When submitting replacement drawings after allowance, the applicant has a crucial responsibility: It is applicant’s responsibility to see that no new matter is added when submitting replacement drawings after allowance because they will not normally be reviewed by an examiner. This means that applicants must ensure that any changes made to the drawings do not…
Read MoreCan a supplemental oath or declaration be filed after allowance of a patent application?
Yes, supplemental oaths and declarations covering the claims in a patent application can be filed after allowance. The Manual of Patent Examining Procedure (MPEP) states: “Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.” This means that applicants have the right to submit additional…
Read MoreAre supplemental oaths or declarations considered amendments under 37 CFR 1.312?
No, supplemental oaths or declarations filed after allowance are not considered amendments under 37 CFR 1.312. The MPEP explicitly states: “They should not be filed or considered as amendments under 37 CFR 1.312, since they make no change in the wording of the papers on file.” This means that supplemental oaths or declarations do not…
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